Does the principle of patent infringement equivalence include all technical features?

The principle of equivalence means that the scope of patent protection includes not only the necessary technical features recorded in the claims, but also the technical features that are essentially equivalent to the necessary technical features. Although the accused infringer does not have all the features required by the patent right, he can find an equivalent substitute to replace the features that he does not have in the accused infringer. In this case, the accused infringer is judged as infringement.

Application of the principle of equivalence:

Applying the principle of equivalence has always been a difficult point in judging patent infringement. In patent infringement cases, we should comprehensively consider the legal meaning, legislative purpose and application effect, make the case handling meet the actual needs of economic and technological development and cultural innovation, and properly handle the contradiction between the stability of the law and the variability of social needs. According to Article 17 of Several Provisions of the Supreme Court: "Equivalent features refer to features that can achieve basically the same functions and achieve basically the same effects as the recorded technical features by basically the same means, and that ordinary technicians in this field can associate with them without creative labor."